It is possible for people with mental illnesses to be detained and given treatment for their mental health without their consent. It is also possible for people who do not have the capacity to make decisions themselves to be detained and treated without their consent. This can happen when:
It is also possible to be detained without consent under the MCA.
If you feel that you may lose capacity and may be detained, then you can only be detained or sectioned under the MHA if three people agree that you need to be detained in hospital. Usually, the three people would consist of either an Approved Mental Health Professional (AMHP) such as a doctor, nurse or psychologist. Your nearest relative could also be involved in this decision.
What you should expect when you are detained depends on which section of the MHA you are detained under.
In sections 2, 3 and 4 you do not have the right to refuse treatment. But in section 5 you are able to refuse treatment.
In each circumstance, you are entitled to aftercare. You will be given a specific care plan under the Care Programme Approach. It is also possible to make complaints through the Aftercare system. But if it is a large case, it is possible to go to a Mental Health Tribunal.
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